Minnesota Administrative Rules

6700.1710 DISCIPLINARY ACTIONS FOR VIOLATIONS OF ADMINISTRATIVE RULES.

Subpart 1.

Temporary restraining order.

In addition to any other remedy provided by law, the board may, acting through the complaint investigation committee and without a hearing, petition a district court for a temporary restraining order if the committee finds that the licensee has violated a rule that the board is empowered to enforce and continued practice by the licensee would create an imminent risk or harm to others.

Subp. 2.

Grounds.

When grounds exist under any of the provisions set forth in this chapter, the board may take one or more of the following disciplinary actions:

A.

deny an application for a license;

B.

revoke the license;

C.

suspend the license;

D.

impose limitations on the licensee's ability to practice;

E.

impose conditions on the licensee; or

F.

censure or reprimand the licensee.

Subp. 3.

Settlement agreement.

When grounds exist under the board's regulatory provisions, the executive director may enter into a settlement agreement with the regulated licensee for corrective action which may include requiring the regulated person:

A.

to complete an educational course or activity;

B.

to submit to the executive director a written protocol or reports designed to prevent future violations of the same kind;

C.

to meet with the executive director or designee to discuss prevention of future violations;

D.

to reimburse the board for its legal and investigative costs; and

E.

to perform other action justified by the facts.

The listing of these measures in this subpart does not preclude the board from including the measure in any order for disciplinary action.

Subp. 4.

Reinstatement fee.

Upon reinstating a license or granting an applicant's license, the board may, at its discretion, impose a reinstatement fee.

Subp. 5.

Cease and desist order.

The board may in its own name, acting through the complaint investigation committee, issue a cease and desist order to stop an unlicensed person from engaging in unauthorized practice or violating or threatening to violate a rule or order which the board has issued or is empowered to enforce. The cease and desist order must state the reason for its issuance and give notice of the person's right to request a hearing under Minnesota Statutes, sections 14.57 to 14.62. The order shall be effective upon personal service or three days after mailing if served by mail. The board may also, in its own name, seek a temporary restraining order from the appropriate district court to stop an unlicensed person from engaging in unauthorized practice or violating or threatening to violate a rule or order which the board has issued or is empowered to enforce.

Statutory Authority:

MS s 626.843

History:

20 SR 828

Published Electronically:

July 9, 2008